Property Crimes

Criminal Law Services and Specialties

Property CrimesCrimes relating to another party's property in North Carolina can result in misdemeanor or felony offenses. This category of charges is not related to simply vandalism or graffiti, but instead includes a broad range of crimes that carry steep penalties that may include heavy fines and lengthy imprisonment.

In addition to the immediate punishments, a conviction can also create a criminal record that has profound long-term consequences on a person's personal and professional life. If you have been accused of a property crime, you should contact an experienced criminal attorney as soon as possible. Pollenz Law helps alleged offenders from the Triangle and surrounding communities. The right attorney may make all the difference in the outcome of your case. Make the smart choice – contact Pollenz Law today.

Types of Property Crimes
Some examples of offenses relating to another party's property include:

Burglary - North Carolina General Statute § 14-51 establishes two degrees of burglary. If a person unlawfully and by force enters or attempts to enter an occupied dwelling, this is burglary in the first degree. If a person unlawfully and by force enters or attempts to enter an unoccupied dwelling, it is classified as burglary in the second degree.

North Carolina General Statute § 14-57 also establishes burglary with explosives for any person who, "with intent to commit any felony or larceny therein, breaks and enters, either by day or by night, any building, whether inhabited or not, and opens or attempts to open any vault, safe, or other secure place by use of nitroglycerine, dynamite, gunpowder, or any other explosive, or acetylene torch." Burglary in the second degree is classified as a Class G felony, but burglary in the first degree and burglary with explosives are both classified as Class D felonies.

Breaking or Entering - Under North Carolina General Statute § 14-54, wrongfully breaking or entering any building is a Class 1 misdemeanor. Breaking or entering any building with the intent to terrorize or injure an occupant of the building or the intent to commit any felony or larceny therein is a Class H felony. Additionally, North Carolina General Statute § 14-54.1 establishes that breaking or entering a building that is a place of religious worship is a Class G felony.

Robbery - The classification of this crime, involving the taking of another party's property by force, depends on whether the alleged offender was armed and where the offense allegedly took place. Robbery with firearms or other dangerous weapons (North Carolina General Statute § 14-87) and train robbery (North Carolina General Statute § 14-88) are both classified as Class D felonies. Under North Carolina General Statute § 14-87.1, common-law robbery-or robbery committed without the use of a firearm-is classified as a Class G felony.

Arson - North Carolina General Statute § 14-58 establishes two degrees for arson charges. The burning of an occupied dwelling is arson in the first degree and a Class D felony, but the burning of an unoccupied dwelling is arson in the second degree and a Class G felony. However, there are several specific arson provisions listed under Article 15 in Chapter 14 of the North Carolina General Statutes. These include the burnings of certain public buildings, schoolhouses or buildings of educational institutions, certain bridges and buildings, and certain buildings, which punish convicted offenders as Class F felons. The burnings of buildings or structures in process of construction, boats and barges, ginhouses and tobacco houses, personal property, or fraudulently setting fire to dwelling houses can punish convicted offenders as Class H felons. Additionally, the burning of churches and certain other religious buildings can result in a convicted offender being punished as a Class E felon.

Larceny of Property / Theft - North Carolina General Statute § 14-70 establishes larceny as a Class H felony, although certain convictions may be classified as misdemeanors or a different level of felony offense. Article 16 in Chapter 14 of the North Carolina General Statutes includes provisions that make such crimes as larceny from a merchant or larceny of secret technical processes Class H felonies.

Organized Retail Theft - This offense is defined under North Carolina General Statute § 14-86.6 as a Class H felony if a person conspires with another person to commit theft of retail property valued at more than $1,500 from retail establishments, with the intent to sell that retail property for monetary or other gain, or receives or possesses any such taken or stolen retail property.

Criminal Trespass - Chapter 14 of the North Carolina General Statutes contains multiple trespassing crimes. A person commits the Class 3 misdemeanor of second degree trespass if, without authorization, he or she enters or remains on another party's premises after being notified not to enter or remain there or there are posted notices not to enter the premises. A person commits the Class 2 misdemeanor of first degree trespass if, without authorization, he or she enters or remains on another party's premises so enclosed or secured as to demonstrate clear intent to keep out intruders, or in a building of another.

A person commits the class 1 misdemeanor of domestic criminal trespass if he or she enters after being forbidden to do so or remains after being ordered to leave by the lawful occupant, upon the premises occupied by a present or former spouse or by a person with whom the person charged has lived as if married. However, domestic criminal trespass can be classified as a Class G felony if the person is trespassing upon property operated as a safe house or haven for victims of domestic violence and the person is armed with a deadly weapon at the time of the offense.

Penalties for Property Crimes

North Carolina utilizes a complex "structured sentencing" method of punishing convicted offenders. Under this scheme, people are assigned points based on their previous criminal records and the severity of the crimes they have allegedly committed. Thus, the more points a person has, the harsher a sentence is that they face.

In regards to misdemeanors, a judge may impose one of three types of punishment:

Active - Incarceration in state prison system

Intermediate - Sentence of supervised probation that is usually accompanied by another requirement such as a split sentence, drug treatment court, house arrest with electronic monitoring, community service, period or periods of confinement in a local confinement facility, substance abuse assessment, monitoring, or treatment, educational or vocational skills development program, or satellite-based monitoring.

Community - May be a fine or a term of supervised or unsupervised probation that includes house arrest with electronic monitoring, community service, period or periods of confinement in a local confinement facility, substance abuse assessment, monitoring, or treatment, educational or vocation skills development program, or satellite-based monitoring.

The range of misdemeanor sentences is as follows, depending on the alleged offender's previous criminal history:

Class A1 Misdemeanor - 1 to 150 days

Class 1 Misdemeanor - 1 to 120 days

Class 2 Misdemeanor - 1 to 60 days

Class 3 Misdemeanor - 1 to 20 days

Felony offenders receive prison sentences. These may be lower in mitigated ranges or higher in aggravated ranges, but the presumptive range for felony convictions is as follows:

Class A Felony - Death or life without parole

Class B1 Felony - 192 to 483 months

Class B2 Felony - 125 to 314 months

Class C Felony - 58 to 146 months

Class D Felony - 51 to 128 months

Class E Felony - 20 to 50 months

Class F Felony - 13 to 33 months

Class G Felony - 10 to 25 months

Class H Felony - 5 to 20 months

Class I Felony - 4 to 10 months

Property Crimes Resources

North Carolina Department of Justice - The website of North Carolina's attorney general allows you to view crime statistics, file complaints, and seek restitution if you are a crime victim.

North Carolina Department of Public Safety - Supports its overall mission of improving the quality of life for North Carolinians by reducing crime and enhancing public safety with links to offender family services, rehabilitative programs, and juvenile crime prevention councils.

Contact Pollenz LawIf you have been accused of a property crime, it is vital that you retain the immediate representation of Pollenz Law. We will fight for your rights. We will look for flaws and weaknesses in the case against you. We will seek to get your charges reduced or dismissed, and we will stand by you throughout the proceedings. The right attorney may make all the difference in the outcome of your case. Pollenz Law represents clients in Durham County, Wake County, and Orange County, as well as surrounding areas. Make the smart choice – contact Pollenz Law today.